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25I - AGMT - CABLE AUDIT SRVS
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25I - AGMT - CABLE AUDIT SRVS
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6/28/2012 3:43:14 PM
Creation date
6/28/2012 3:43:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25I
Date
7/2/2012
Destruction Year
2017
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SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 2, 2012, by <br />and between Communications Support Group, Inc., a California corporation ("Consultant") and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement N-2011-012, dated January 25, 2011, <br />(hereinafter "said Agreement") by which Consultant has provided cable television/video <br />provider franchise audit services. <br />B. The parties executed Amendment to said Agreement, A-2011-195, dated August 1, 2011, to <br />include a full franchise audit, and increase compensation to pay for audit services. <br />C. When Consultant commenced the audit of AT&T's franchise and PEG fees, Consultant was <br />informed by AT&T that several quarters of data had been lost in the AT&T system, resulting <br />in delays and added costs while Consultant worked with the franchisee to determine an audit <br />method based on extrapolated data. <br />D. Consultant has completed the audit of Time Warner franchise and PEG fees and has been <br />requested to provide expert support to the City in the collection of unpaid franchise and PEG <br />fees. <br />E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />Scope of Services and increase compensation to pay for the additional services provided. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Second Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended to provide that Consultant shall <br />complete the franchise fee and PEG fee audit of AT&T, and provide support in City's <br />collection from Time Warner of unpaid franchise fees and PEG fees, as set forth in Exhibit A <br />attached hereto and incorporated by this reference. <br />2. Section 2, COMPENSATION, shall be amended to increase compensation by $20,000, to pay <br />for the additional services as follows: <br />a. Prepare Time Warner franchise fee and PEG fee audit findings to support the City's <br />collection of unpaid fees, for a not to exceed amount of $5,000; and <br />b. Provide administrative and expert witness support in City's collection of unpaid Time <br />Warner franchise and PEG fees in a not to exceed amount of $10,000; and <br />c. Complete agreed-upon procedures review of AT&T franchise fee and PEG fees for a <br />one year period for an amount not to exceed $5,000. <br />251-3
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